The old man was advised to drink 3000 ml of health care products within one day, more than ten times the recommended dose. After vomiting, diarrhea and other adverse reactions occurred, the sales staff called it “detoxification” phenomenon, and still recommended the elderly to take a large number of them, resulting in the death of the elderly. On the morning of August 13, the civil part of the case was heard.
Aunt Wang is not in good health. She has had cerebral infarction for six times, and has undergone heart bypass and gastrectomy. In 2017, on the recommendation of Ma, Aunt Wang met Guo. Guo strongly recommended the health product “Fulong oral liquid”, saying that it can eliminate body garbage, delay aging, improve immunity, and treat a variety of difficult and miscellaneous diseases.
the marked dosage of Fulong oral liquid is one to two tablets twice a day. But Guo, Ma came to Aunt Wang’s home, in three hours to help Aunt Wang drink 10 boxes of 60 Fulong oral liquid. Soon, Aunt Wang appeared vomiting, foaming at the mouth, diarrhea and other reactions, but Guo said it was “normal phenomenon, detoxification.”. Three days after taking a large dose of oral liquid, Aunt Wang died suddenly.
on August 27 last year, the Beijing Evening News reported the criminal verdict of the case. After hearing, Fengtai court held that Guo was aware of the usage and dosage marked on the oral liquid, but still recommended her to take a large amount of it when she was aware of Aunt Wang’s physical condition. Aunt Wang did have coronary heart disease and other basic diseases, but her continuous large dose of Fulong oral liquid three days before her death has a clear time correlation with a large amount of fluid in her body. It can be concluded that there is a causal relationship between Guo’s behavior and Aunt Wang’s death. Therefore, Guo was sentenced to two years’ imprisonment for the crime of causing death through negligence in the first instance.
after the judgment of the criminal case, Aunt Wang’s family sued Guo and Ma to Fengtai court, demanding that they jointly and severally compensate for the funeral expenses, death compensation, spiritual solace, etc., totaling more than 760000 yuan. This morning, the case was heard in the Huaxiang court of Fengtai court.
because Guo is still serving her sentence, she hired a lawyer to appear in court on her behalf, and basically recognized the plaintiff’s claim. But Ma claimed that she was wronged in court. She said that Aunt Wang had a certain level of education and bought the product after understanding the product. No one forced Aunt Wang to buy or take it.
Ma said that she was also a user of oral liquid. She also took 10 boxes of oral liquid at a time, and had vomiting and defecation, but she felt better after that. Although she did go to Aunt Wang’s home with Guo when the incident happened, she only went to accompany the old man at the invitation of Aunt Wang. “How much does she want to drink? What does it have to do with us?”
the plaintiff’s lawyer stressed to the court that Mr. Ma is not a mere escort, but a partner of Guo’s company. He can obtain economic benefits by selling products. But Ma said that becoming a partner was just to buy products at a discount, “I didn’t receive any black heart money.”.
on the issue of responsibility distribution, Guo’s lawyer said that since all parties are persons with full capacity for civil conduct, they should have a basic judgment on their own behavior, and the specific proportion of liability should be decided by the court according to law. 08/16/2020